Identifying your Registered Designs
Until recently, if a registered design owner wished to enhance the possibility of financial remedy subsequent to a successful infringement action, their product needed to be marked with the word ‘registered’, or suitable abbreviation, together with the registration number. Without such marking, the door was left open for an infringer to avoid damages by contending that, at the date of the infringement, they were not aware that the design was registered.
From 1 October 2017 however, registered design owners now have the option of addressing this issue by marking their protected product with a relevant internet link – that is a link that is accessible free of charge, and clearly associates the product with the number of the design.
This system is similar to the one that has been in place for patent owners since 1 October 2014, and is intended to convey similar benefits to registered design owners, and make it easier for the public to access up-to-date registered design information in relation to a product.